Lessons Learned on Setting Service Areas

The Mitigation Rule is not overly prescriptive when it comes to defining bank and in-lieu fee (ILF) program service areas. For this reason, it provides flexibility that is both intentional and appropriate. The preamble and the Rule itself clarify that input from the interagency review team (IRT) will be considered by the U.S. Army Corps of Engineers (the Corps) during bank and ILF program development, including service area determinations. There is no “silver bullet” approach for defining service areas that will best offset impacts in every situation, and it would be unwise to suggest that there is at the current time.